Terms and Conditions
Last Updated: April 15, 2021
Acceptance of the Terms
License to Use
Subject to compliance with these Terms, Field Trip Life grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Platform and/or Services on any device, including the right to install and use software made available by or through Field Trip Life to enable you to access and use the Platform and/or Services on or from any device for which such use is permitted by Field Trip Life.
Changes to this Agreement
Field Trip Life is constantly improving the Platform and the Services. We reserve the right to alter or withdraw the Services at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Platform and/or Service. We may revise these Terms from time to time and the most current version will always be posted on our website. You understand and agree that we will not notify you of revisions to these Terms and we will assume no liability or responsibility to you for our failure or inability to do so for any reason. By continuing to access or use the Platform and/or Services, you agree to be bound by the revised Terms. If you do not understand or agree to the revised Terms, please stop using the Platform and the Services.
Age Limitations and Your Responsibility for Minors
The Services are intended for use only by individuals who are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age or are not the age of majority in your jurisdiction, you are not authorized to use the Platform or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you represent and warrant that you have the express permission of your parent or legal guardian to use the Platform or Services. If you are a parent or legal guardian and have authorized a minor to use the Platform or Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Platform or Services by the minor.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Platform and/or Services, you agree to: (a) provide accurate information as prompted through the Platform and/or Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Field Trip Life has reasonable grounds to suspect that such information is inaccurate, Field Trip Life may suspend or terminate your use of the Platform and/or Services and/or decline to permit your continued use of the Platform and/or Services and future access to the Platform and/or Services.
To access certain parts of the Platform and/or Services you may be required to open an account with Field Trip Life for the Services, meaning you will have to create a username and password and to provide registration information, which includes, but may not be limited to, first and last name, and a valid email address.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your Services credentials. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must notify Field Trip Life immediately of any unauthorized use of your password or account or any other breach of security. Field Trip Life assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. Field Trip Life may require that you change your password prior to accessing the Platform and/or Services at any time.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to these Terms.
Conditions of Use
As a condition of your access and use, you agree that you may use the Platform and/or Services only for lawful purposes and in accordance with these Terms.
- Without limiting the foregoing, you warrant and agree that your use of the Platform shall not:
- Impersonate or attempt to impersonate Field Trip Life, an Field Trip Life employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Field Trip Life or users of the Platform and/or Services or expose them to liability.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Changes to Services
Field Trip Life reserves the right to change the scope, pricing, mode and nature of the rights associated with users access to Platform and/or Services, including business models, revenue models, pricing and other terms and conditions, at any time and from time to time; such changes are effective when Field Trip Life posts the same to the Platform and/or Services. Field Trip Life may, in its sole discretion, change some or all of Platform and/or Services at any time.
Monitoring and Enforcement, Suspension, and Termination
Field Trip Life shall have the right, but no obligation, to monitor your activities on the Platform and/or Services to determine, in Field Trip Life’s sole discretion, compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information, materials, in whole or in part that in Field Trip Life’s sole discretion is inappropriate, objectionable or in violation of these Terms.
Field Trip Life neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Platform and/or Services, whether it is provided by Field Trip Life, our employees, or a third party. Under no circumstances will Field Trip Life be liable for any loss or damage of any kind caused by reliance on information obtained through the Platform and/or Services. Neither Field Trip Life nor any third-party content provider shall assume or have any liability for any action or inaction by Field Trip Life or any third-party content provider with respect to any conduct, communication or posting on the Platform and/or Services.
Field Trip Life may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation for any reason whatsoever in its sole discretion, including if you breach the Terms, is required by law, or we believe you have participated in conduct that has or could create liability or harm to another user, third party or Field Trip Life. Field Trip Life may also terminate any portion of the Service if, in Field Trip Life’s sole discretion, Field Trip Life believes that portion of the Service is no longer commercially sustainable. Upon termination of your account, your license to use the Platform and/or Services will be revoked, and your right to use the Platform and/or Services will immediately cease. If you wish to terminate your Field Trip Life account, you may simply discontinue using the Platform and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Third Party Service
Your use of any third-party service provider in connection with the Platform and/or Services is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Platform and/or Services, you hereby agree to abide by such terms.
The Platform and/or Services may provide, or third parties may provide, links to other websites or resources. Because Field Trip Life has no control over such Platforms and resources, you acknowledge and agree that Field Trip Life is not responsible for the availability of such external platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Platforms or resources. You further acknowledge and agree that Field Trip Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such Platform or resource.
Intellectual Property Rights
By submitting any feedback to Field Trip Life regarding the Platform and/or Services, you are granting Field Trip Life an irrevocable, perpetual, non-sublicensable, royalty-free license to use the feedback for its own promotional purposes anywhere in the world.
Unless you are advised otherwise, everything you see or read on the Platform and/or Services is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Field Trip Life and may not be used except as provided in these Terms without the written permission of Field Trip Life.
Images displayed on the Platform and/or Services are either the property of, or used with permission by, Field Trip Life. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Platform and/or Services. Any unauthorized use of such images or other content may violate the law.
The trade-marks and logos (collectively the “Trademarks”) displayed on the Platform and/or Services are registered and unregistered Trademarks. Nothing contained in the Platform and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. Field Trip Life reserves the right to enforce its intellectual property rights where applicable.
Release and Indemnity
You will indemnify, defend, and hold harmless Field Trip Life, its agents, shareholders, officers, directors, and affiliated entities (the “Field Trip Life Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Service, any breach of these Terms or from any representation or warranty contained in these Terms and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the Field Trip Life Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.
You hereby expressly and irrevocably release and forever discharge Field Trip Life, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and/or Services.
In no event shall Field Trip Life be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Platform and/or Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).
Disclaimer of Warranties
THE PLATFORM, SERVICES AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY FIELD TRIP LIFE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIELD TRIP LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE SERVICES, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIELD TRIP LIFE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, FIELD TRIP LIFE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CAMPAIGN OR THE USER SOCIAL MEDIA ACCOUNTS AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FIELD TRIP LIFE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS IN THE SERVICES OR THE SOCIAL MEDIA ACCOUNTS. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND PRODUCTS AND SERVICES ASSOCITAED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES AND/OR SOCIAL MEDIA ACCOUNTS, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. FIELD TRIP LIFE DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES OR THE PLATFORM OF SHOPIFY OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF FIELD TRIP LIFE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, FIELD TRIP LIFE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND FIELD TRIP LIFE, OR BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Security of the Services
Field Trip Life maintains reasonable safeguards and personnel policies that are designed to guard the Services, our systems and our users’, business partners’ and others’ information. For example, for the security of your online visit to the Services, Field Trip Life may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Field Trip Life strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Field Trip Life will notify you as necessary in accordance with applicable laws so you can take appropriate protective steps.
When you use the Services or send emails to Field Trip Life, you are communicating with us electronically. You consent to receive communications from Field Trip Life electronically. Field Trip Life may communicate with you by email or by posting notices on the Platform and/or Services. You agree that all agreements, notices, disclosures and other communications that Field Trip Life provides to you electronically satisfy any legal requirement that such communications be in writing.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Field Trip Life or any other applicable terms and conditions found on the Services. In the case of any direct conflict between these Terms and any other agreement between you and Field Trip Life, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services.
Void where Prohibited by Law
Field Trip Life administers and operates the Platform and Services from its location in Ontario, Canada. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through the Services are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Field Trip Life reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Platform and/or Services from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Field Trip Life in any respect whatsoever. The failure of any party to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder. Field Trip Life shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Field Trip Life’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Field Trip Life may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
Governing Law and Language
These Terms are made under and governed by and are to be construed in accordance with the laws of Province of Ontario and the federal laws applicable therein. The parties hereto hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of this Agreement. To the extent that applicable local law prevents certain disputes from being resolved in an Ontario court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Ontario law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, region or other place of residence.
Our Platform and/or Services will maintain certain data that you transfer to the Platform and/or Services for the purpose of the performance of the Services, as well as data relating to your use of the Platform and/or Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Platform and/or Services. You agree that Field Trip Life shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Field Trip Life arising from any such loss or corruption of such data.
All notices or other correspondence to Field Trip Life under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com.
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us at firstname.lastname@example.org.